is, without its own
consent. Should all the States adopt it, it will be then a
government established by the thirteen States of America, not
through the intervention of the Legislatures, but by the people
at large. In this particular respect the distinction between the
existing and proposed governments is very material. The existing
system has been derived from the dependent, derivative authority
of the Legislatures of the States, whereas this is derived from
the superior power of the people."[40]

It must be remembered that this was spoken by one of the leading members
of the Convention which formed the Constitution, within a few months
after that instrument was drawn up. Mr. Madison's hearers could readily
appreciate his clear answer to the objection made. The "people" intended
were those of the respective States--the only organized communities of
people exercising sovereign powers of government; and the idea intended
was the ratification and "establishment" of the Constitution by direct
act of the people in their conventions, instead of by act of their
Legislatures, as in the adoption of the Articles of Confederation. The
explanation seems to have been as satisfactory as it was simple and
intelligible. Mr. Henry, although he fought to the last against the
ratification of the Constitution, did not again bring forward this
objection, for the reason, no doubt, that it had been fully answered.
Indeed, we hear no more of the interpretation which suggested it, from
that period, for nearly half a century, when it was revived, and has
since been employed, to sustain that theory of a "great consolidated
national government" which Mr. Madison so distinctly repudiated.

But _we_ have access to sources of information, not then available,
which make the intent and meaning of the Constitution still plainer.
When Mr. Henry made his objection, and Mr. Madison answered it, the
journal of the Philadelphia Convention had not been published. That body
had sat with closed doors, and among its rules had been the following:

"That no copy be taken of any entry on the journal during the
sitting of the House, without the leave of the House.

"That members only be permitted to inspect the journal.

"That nothing spoken in the House be printed, or otherwise
published or communicated, without leave."[41]

We can understand, by reference to these rules, how Mr. Madison should
have felt p